Ohio § 4928.37

§ 4928.37.

(A)(1) Sections 4928.31 to 4928.40 of the Revised Code provide an electric utility the opportunity to receive transition revenues that may

assist it in making the transition to a fully competitive retail electric generation

market.  An electric Utility for which transition revenues are approved pursuant to sections 4928.31 to 4928.40 of the Revised Code shall receive those revenues through both of the following mechanisms beginning on

the starting date of competitive retail electric service and ending on the expiration

date of its market development period as determined under section 4928.40 of the Revised Code : (a) Payment of unbundled rates for retail electric services by each customer that is

supplied retail electric generation service during the market development period by

the customer's electric distribution utility, which rates shall be specified in schedules

filed under section 4928.35 of the Revised Code ; (b) Payment of a nonbypassable and competitively neutral transition charge by each customer

that is supplied retail electric generation service during the market development

period by an entity other than the customer's electric distribution utility, as such

transition charge is determined under section 4928.40 of the Revised Code .  The transition charge shall be payable by each such retail electric distribution

service customer in the certified territory of the electric utility for which the

transition revenues are approved and shall be billed on each kilowatt hour of electricity

delivered to the customer by the electric distribution utility as registered on the

customer's meter during the utility's market development period as kilowatt hour is

defined in section 4909.161 of the Revised Code or, if no meter is used, as based on an estimate of kilowatt hours used or consumed

by the customer.  The transition charge for each customer class shall reflect the cost allocation

to that class as provided under bundled rates and charges in effect on the day before

the effective date of this section.  Additionally, as reflected in section 4928.40 of the Revised Code , the transition charges shall be structured to provide shopping incentives to customers

sufficient to encourage the development of effective competition in the supply of

retail electric generation service.  To the extent possible, the level and structure of the transition charge shall be

designed to avoid revenue responsibility shifts among the utility's customer classes

and rate schedules. (2)(a) Notwithstanding division (A)(1)(b) of this section, the transition charge shall not

be payable on electricity supplied by a municipal electric utility to a retail electric

distribution service customer in the certified territory of the electric utility for

which the transition revenues are approved, if the municipal electric utility provides

electric transmission or distribution service, or both services, through transmission

or distribution facilities singly or jointly owned or operated by the municipal electric

utility, and if the municipal electric utility was in existence, operating, and providing

service as of January 1, 1999. (b) The transition charge shall not be payable on electricity supplied or consumed in

this state except such electricity as is delivered to a retail customer by an electric

distribution utility and is registered on the customer's meter during the utility's

market development period or, if no meter is used, is based on an estimate of kilowatt

hours used or consumed by the customer.  However, no transition charge shall be payable on electricity that is both produced

and consumed in this state by a self-generator. (3) The transition charge shall not be discounted by any party. (4) Nothing prevents payment of all or part of the transition charge by another party

on a customer's behalf if that payment does not contravene sections 4905.33 to 4905.35 of the Revised Code or this chapter. (B) The electric utility shall separately itemize and disclose, or cause its billing

and collection agent to separately itemize and disclose, the transition charge on

the customer's bill in accordance with reasonable specifications the commission shall

prescribe by rule under division (A) of section 4928.06 of the Revised Code .